J.Ebineser v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.520/2019 J.Ebineser ..
Petitioner vs.
State rep.by 1.The Superintendent of Police Nagapattinam, Nagapattinam District.
2.The Inspector of Police Velipalayam Police Station Nagapattinam 611 001.
..
Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 2nd respondent to to produce the petitioner's wife namely Noorul Rizwana, aged about 21 years daughter of Nasir Usain, before this Court, illegally detained by her parents and to set her at liberty forthwith.
For Petitioner ..
Mr.R.Aranganathan For RR 1 & 2 ..
Mr.C.Iyyappa Raj, APP
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J) The petitioner is a resident of Thalaiyuthu, Tirunelveli District and according to him, he was studying B.E. [Mechanical Engineering] 4th Year in Thakoor Engineering College at Vandaloor and he went to Nagapattinam to
attend a cultural event conducted by EGS Pillai Engineering College and during that occasion, he developed acquaintance with the detenue Noorul Rizwana, who professes Islamic faith and subsequently, developed a love affair. It is further averred that though the parents of the detenue were aware of the said fact, they have taken steps to marry her against her wishes and therefore, the detenue asked the petitioner to come and take her away and accordingly, the detenue came out of her parental home on her own volition and the petitioner had taken her to his native place and subsequently, got married at Pandarakulam Church, at Thalaiyuthu and started living as husband and wife.
Thereafter, some of of the members of the Jamath of the detenue, opposed the petitioner and asked the petitioner to convert as Muslim and for that also, the petitioner agreed and under that pretext, the detenue was taken away on 29.11.2018 and thereafter, she did not return and apprehending that she is kept under the illegal detention and confinement against her wishes at the hands of her parents and fearing for her life and safety, the petitioner came forward to file the present Habeas Corpus Petition. When the matter is listed today, the detenue Noorul Rizwana and her mother are present. The detenue is also enquired by this Court.
to her parental home and she wants to remain with her parents and act as per their advise. The mother of the detenue is also enquired and she would state that the detenue has completed B.Sc. [information Technology] Course and steps are being taken to do marriage of the detenue with her relative after getting her consent.
Learned counsel for the petitioner would submit that a chance may be given to the petitioner to interact with the detenue. Heard the submissions of the learned Additional Public Prosecutor appearing for the respondents/State.
This Court, on going through the materials, has also put a specific question to the learned counsel for the petitioner as to the proof of marriage and except showing the photograph, no proof of marriage has been produced despite the fact that the marriage between the petitioner and the detenue is said to have been conducted at a Church in Pandarakulam, Thalaiyuthu, Tirunelveli District.
The detenue is a major [DOB 09.04.1998] and she expressed her willingness to remain with her parents and the Court is not in a position to
M.SATHYANARAYANAN, J., AND M.NIRMAL KUMAR, J., AP come to the aid of the petitioner. Therefore, the detenue is set at liberty to join with her parents as per her wishes.
In the result, the Habeas Corpus Petition stands dismissed. [M.S.N, J.] [M.N.K., J.] 14.03.2019 AP To 1.The Superintendent of Police Nagapattinam, Nagapattinam District.
2.The Inspector of Police Velipalayam Police Station Nagapattinam 611 001.
3.The Public Prosecutor, Madras High Court, Madras.
H.C.P.No.520/2019